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About Joyce Clark

Contact information for Councilmember Joyce Clark
Home: 623-772-9795
Cell: 602-320-3422
Office: 623-930-2249
Please call between the hours of 9 AM - 5 PM
Email:
clarkjv@aol.com
jclark@glendaleaz.com
Joyce Clark is a 49 year resident of Glendale. She has a BA in History and Education and graduated from the College of Notre Dame of Maryland. Her past careers include teacher of high school history, small business ownership of a book store, a professional ceramist and was the founder of a retail craft gallery. Joyce and her husband, Charles, have three children and seven grandchildren.

Joyce was first elected as your Yucca district Councilmember in 1992 and served Glendale and the Yucca district from 1992 to 1996. Joyce took a four year break from public service when her mother was diagnosed with Alzheimer’s to personally care for her. In 2000 she successfully ran again for Yucca district councilmember as a write in candidate against the incumbent. She is the only candidate in Arizona to achieve a write in victory over an incumbent. She was your voice for the Yucca district for 16 years.

Joyce retired in December, 2012, and as a private citizen Joyce did many of the things she never had the time to pursue. Two of those are the tender care and feeding of her koi pond and blog writing on issues in Glendale, Arizona.

In March of 2016, Joyce announced that she would leave retirement and run for the Yucca district council seat in Glendale. Once again Joyce defeated an incumbent and on December 13, 2016 she took office as the Yucca district councilmember for another four year term, ending in December of 2020.

Joyce is the only elected official in the State of Arizona to have defeated an incumbent as a write-in candidate and then to defeat a second, different incumbent as a candidate.

One month after City Manager Brenda Fischer was hired she appointed Julie Frisoni as an Assistant City Manager in August of 2013. Frisoni’s husband, Jeff Shumway, is a Vice President of Insight Enterprises, Inc. the parent company of Insight Public Sector, Inc. In late 2013 after an RFP had been issued the city accepted Insight’s bid and entered into a multi-year, multi-million dollar computer contract. A year ago, in January of 2014, when Norma Alvarez was still a Glendale city councilmember she raised the question of a conflict of interest on the part of Frisoni. Michael Bailey, Glendale’s newly hired City Attorney and friend of former City Attorney Craig Tindall (Tindall and Frisoni were close friends), reviewed the allegation and according to Corbett, “City Attorney Michael Bailey reviewed six contracts with Insight and determined in February 2014 that Shumway did not sign any of the documents nor was he part of the company’s sales team.” Apparently that was the extent of Bailey’s review of the allegation of a conflict of interest. It appears to have been marginal and tailored to produce the desired result.

What does Arizona law say about conflict of interest?

“8.2 The Arizona Conflict of Interest Laws. State statute provides in pertinent part:

Any public officer or employee of a public agency who has, or whose relative has, a substantial interest in any contract, sale, purchase or service to such public agency shall make known that interest in the official records of such public agency and shall refrain from voting upon or otherwise participating in any manner as an officer or employee in such contract, sale or purchase.

Any public officer or employee who has, or whose relative has, a substantial interest in any decision of a public agency shall make known such interest in the official records of such public agency and shall refrain from participating in any manner as an officer or employee in such decision.”

Arizona’s conflict of interest law centers on the concept of “substantial interest.” Substantial interest, for purposes of this law, refers only to a financial interest. In other words the public officer or employee of a public agency or relative must receive financial benefit. In strictly interpreting Arizona’s conflict of interest law, neither Frisoni nor her husband, Shumway, violated the law.

But…perception is reality often times. Julie Frisoni with her 12 years of employment with the City of Glendale wrote and reviewed many, many RFPs. She would have the knowledge required to write a successful RFP and would also have the knowledge, knowing Glendale’s financial condition, of what would be a successful dollar amount to request. Did she share that knowledge with her husband? That is your decision to make.

A successful award of the contract to Insight did not benefit Frisoni or her husband financially and therefore conflict of interest laws were not violated but were there other ways to benefit? Did Shumway benefit in greater status and clout within the company? Did the award by Glendale give him a leg up on the Insight corporate ladder that could result in a future promotion and a larger salary? Who knows? I don’t but that’s the kind of speculation that becomes rampant in this kind of situation.

What is apparent is although it appears to have been all above board it smells bad. It does raise a question. Did Frisoni sign a Conflict of Interest Disclosure? According to state law, “8.7 Disclosureof the Interest. Every political subdivision and public agency subject to A.R.S. §§ 38-501 to -511 must ‘maintain for public inspection in a special file all documents necessary to memorialize all disclosures of substantial interest made known pursuant to this article [A.R.S. §§ 38-501 to – 511].’A.R.S. § 38-509. Any public officer or employee who has a conflict of interest in any agency decision or in the award of a contract must provide written disclosure of that interest in the agency’s special conflict of interest file. A.R.S. § 38-503(A), (B). The officer or employee may eitherfile a signed written disclosure statement fully disclosing the interest or file a copy of the official minutes of the agency which fully discloses the interest. A.R.S. §§ 38-502(3), -509.” I have filed a Public Records Request today to see if Frisoni did indeed sign such a disclosure. What if it is discovered that Frisoni did not file a signed disclosure statement? The penalty could be as severe as a class 5 or 6 felony.

Another part of state law relates to doing business with the public agency with which the person was employed and states, “8.11 Representation of Others After Leaving Public Service. State law also places restrictions on representation of others when a public officer or employee departs from state service. In particular, A.R.S. § 38-504(A) provides:

A public officer or employee shall not represent another person for compensation before a public agency by which the officer or employee is or was employed within the preceding twelve months or on which the officer or employee serves or served within the preceding twelve months concerning any matter with which such officer or employee was directly concerned and in which the officer or employee personally participated during the officer’s or employee’s employment or service by a substantial and material exercise of administrative discretion.” This sanction is clear cut. It remains rumored that Fischer and Frisoni are going to partner in their own communication agency. According to this provision neither one can do business or represent a client doing business with Glendale for 12 months. Since both were senior management it is reasonable to acknowledge that each was “directly concerned or personally participated” on every conceivable issue within the city.

So, faithful blog readers, it appears that Frisoni and her husband, Shumway did not violate the Arizona Conflict of Interest law. What about the spirit of the law?

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Technically…they did not violate the law. However, ordinary common sense would dictate that if your spouse works for a public (and governmental) entity… why would you even submit a bid to provide services to that entity? Regardless of the law…it just smells bad, and gives the appearance of a conflict of interest. Why would anyone even want to potentially subject themselves to that kind of scrutiny? We’ll never know, but ultimately it apparently led to Ms. Frisoni’s undoing. No matter what spin she tries to put on her resignation in the media, this situation (and, I suspect, other coverups she was involved in that may eventually come to light) will certainly be black marks on her resume going forward.

And, should she partner up with former CM Brenda Fischer…I doubt very seriously if they would EVER receive ANY business from the City of Glendale. That is…unless those making those decisions are complete fools. One would think the City has had enough of these two. Time to move on.